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hate speech

Matthew Shephard Hate Crimes Prevention Act Enacted by Congress – Some Constitutional Considerations

October 23, 2009

     Yesterday Congress enacted the Matthew Shepard Hate Crimes Prevention Act as part of the National Defense Reauthorization Act for 2010.  This law makes it a federal offense to assault people because of their race, color, religion, national origin, gender, sexual orientation, gender identity or disability.  However, because of constitutional considerations, crimes based on the [...]

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The Pending Federal Hate Crimes Legislation – Part 1

June 29, 2009

     On April 29 the House of Representatives adopted a bill (H.R. 1913) entitled the "Local Law Enforcement Hate Crimes Prevention Act of 2009."  This legislation has been referred to the Senate Judiciary Committee for consideration.  The law would make it a federal offense to commit violence against someone because of the person's "race, color, [...]

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The Hate Speech of Jay Severin and Hal Turner and the First Amendment

June 12, 2009

     Jay Severin and Hal Turner are radio talk show hosts who frequently engage in hate speech, and as a result each of them is now suffering some consequences.  According to an article by David Abel of the Boston Globe, Severin has been indefinitely suspended by his employer, and Daniela Altimari of the Hartford Courant reports that [...]

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Hate Speech, Private Violence, and the Constitution

June 11, 2009

     Over the last few days domestic terrorists have committed three murders – three political assassinations – in the United States.  Scott Roeder, an anti-abortion fanatic, killed Dr. George Tiller in Witchita, Kansas; Carlos Bledsoe (Abdulhakim Mujahid Muhammad), a radical muslim, killed army recruiter William Long in Little Rock, Arkansas, and James von Brunn, a white [...]

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Gay Rights and Free Exercise: (5) Hate Speech and the First Amendment

April 13, 2009

     To what extent are Americans free to engage in hate speech?  Specifically, how free are we to speak or write language that is critical of homosexuality or of religion?  In an op-ed published in yesterday's Washington Post Jonathon Turley reports that many western european countries have adopted laws making it a crime to "incite [...]

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Chief Wahoo and the First Amendment

February 24, 2009

     Stefan's recent post about Chief Wahoo and antitrust law got me to wondering whether it would be constitutional for the City of Cleveland or the State of Ohio to enact a law prohibiting the Cleveland major league baseball club from calling itself the "Indians" or from using the Chief Wahoo logo.  Does the First [...]

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